Intellectual Property Law for the Non-Specialist
Abstract
[Excerpt] "
Intellectual property rights are allocated between parties in many different
settings, including:
a. The employer-employee context;
b. The independent contractor context;
c The purchase and sale of a business;
d. The franchise or licensing of a business;
e. The settlement of a dispute; and,
f. The use of intellectual property as collateral.
As is further discussed below, very often there is a writing requirement for
purposes of agreements shifting ownership or other rights. Also, some
intellectual property rights allocation agreements must contain "special"
language. A lawyer in an intellectual property allocation situation may also be
faced with the question of whether, where, and when to record such agreements.
Finally, a lawyer should know the best uses of these documents."